ISLAMABAD: The Supreme Court of Pakistan has allowed the Election Commission of Pakistan (ECP) to continue its proceedings against PTI chief Imran Khan as well as other PTI leaders, including Fawad Chaudhry and Asad Umer, in a contempt case.
The apex court made the decision in a petition filed by the Election Commission of Pakistan against the order of SHC and LHC restraining the commission from making an adverse decision in the contempt proceedings initiated after PTI chief Imran Khan and PTI leaders levelled serious allegations on ECP and its members, including the Chief Election Commissioner Sikander Sultan Raja.
In the written order issued by a three-member bench of the apex court headed by Chief Justice Umar Ata Bandial, the court held that the petitioner ECP may continue its proceedings in accordance with law, including by decision on the objections raised on behalf of the respondents.
“It is apparent that the impugned orders by the high courts have not restrained the petitioner ECP from proceeding in the matters initiated by it under Section 10 of the Act,” says the written order adding that the learned counsels for the respondents, who were present in the court for another case, have assisted the court in this matter.
The court noted that on the legal question regarding the effect of challenge to the vires of a statute, the learned counsels for the parties were in agreement that the operation of a statutory provision must not be interrupted by a court of law through an injunctive order in proceedings challenging the vires of such statutory provision.
The court observed that the rule was laid down in the case of Federation of Pakistan Vs. Aitzaz Ahsan (PLD 1989 SC 61) to the effect that unless a statute or statutory provision is finally declared to be ultra vires the Constitution, its normal operation cannot be curtailed by an interim order.
“In view of the foregoing legal position, the proceedings before the ECP under Section 10 of the Act may continue without restraint,” says the order after disposing of these petitions.
The court noted in its order that the Election Commission of Pakistan had challenged the interim orders passed by the Lahore High Court and High Court of Sindh respectively.
By these orders, proceedings initiated by the ECP under Section 10 of the Election Act, 2017, against the respondents have been allowed to continue but the ECP has been restrained from passing final orders under the Section 10 of the Act.
The learned counsel has pointed out that through order of the Lahore High Court dated September 21, 2022, the petitioner ECP has additionally been prevented from taking adverse action against the respondents, says the order, adding the point is insignificant at the present stage. The court observed that any adverse action by the ECP could only be followed once it has passed a final order under Section 10 of the Act against the respondents, adding the stage was yet to arrive. Meanwhile, the court directed the learned high courts to decide the instant pending petitions and disposed of accordingly.
